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Definitions of abuse by Noa Kinstler (attorney)

Economic abuse includes– a) the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence; or b) the unreasonable disposal of household effects or other property in which the …

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The Domestic Violence Act by Noa Kinstler (attorney)

In terms of the preamble to the Domestic Violence Act, it was enacted due to the State recognising that that domestic violence is a serious social evil and that there is a high incidence of domestic violence within South African society. The legislators recognised that victims of domestic violence are among the most vulnerable members of society. The Act deals …

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Pro bono (free) legal assistance by attorneys by Noa Kinstler (attorney)

It is always advisable to consult an attorney before making life changing decisions such as the financial and social consequences of your divorce. Attorneys can be expensive however they are crucial in the negotiation and settlement process to make sure you do not give up your rights. However if you cannot afford the services of an attorney there are various …

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The benefits of mediation by Sherie Grayman (attorney and mediator)

Mediation gives couples who are separating/divorcing the following advantages over litigating; 1. COST – The Mediation process generally takes much less time than moving a case through standard legal channels. Because both parties are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both parties. Therefore taking less time …

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The Mediation Process by Sherie Grayman (attorney and mediator)

A family law mediator is a neutral party specially trained to help couples resolve the issues in their divorce. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary, and asking questions to make communication clear. The mediator also …

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What is mediation? by Sherie Grayman (attorney and mediator)

In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help ,you work through the issues you need to resolve ,so the two of you can end your marriage as amicably and in the most cost effective way  possible. The issues covered in divorce mediation include but are not limited to the following: …

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Division of assets by Noa Kinstler (attorney)

Division of assets in a divorce depends on how you were married in the first place. When you get married you get to choose how your assets will be controlled during the marriage and upon death or divorce. There are three ways in which you can get married in South Africa: Marriage in community of property 1.         Each spouse has …

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Maintenance for your children by Noa Kinstler (attorney)

In terms of the Children’s Act, every child has the right to reasonable maintenance and every parent has an obligation to maintain his or her child. What is ‘reasonable’ will depend on the family’s standard of living, their income and the cost of living. The Court will ask three questions: 1.            What are the child’s reasonable needs? 2.            What are …